Common Title Issues in Florida

• Liens — Unpaid mortgages, tax liens, HOA liens, mechanic's liens, judgment liens
• Ownership disputes — Competing claims to ownership, missing heirs, forged deeds
• Errors in public records — Clerical errors in deeds, incorrect legal descriptions
• Easements and encroachments — Undisclosed easements, structures that cross property lines
• Probate issues — Property that passed through an estate without proper title transfer
• Fraudulent transfers — Prior sales or transfers that were fraudulent or improperly executed

How Title Issues Are Discovered

The title company conducts a title search — a review of public records going back decades — to identify any issues before closing. This is why title insurance exists: to protect buyers and lenders against title defects that weren't discovered in the search.

How Title Issues Are Resolved

• Liens — Paid off at closing from sale proceeds
• Errors in records — Corrected through a corrective deed or court order
• Ownership disputes — Resolved through a quiet title action (a court proceeding)
• Missing heirs — Located and their interests addressed, or a quiet title action filed

Quiet Title Actions

A quiet title action is a lawsuit filed to establish clear ownership of a property. It's used when there are competing claims or unresolved ownership questions. In Florida, quiet title actions typically take 3–6 months and cost $1,500–$5,000+ in attorney fees.

Selling With Title Issues

Cash buyers are more willing to purchase properties with title issues than traditional buyers. They have experience working with title companies and attorneys to resolve issues, and they can structure offers with flexible closing dates to accommodate the resolution timeline.